Opinion
2:20-CV-1295
09-04-2020
ASIA JOHNSON, Plaintiff, v. QUEEN ELIZABETH WINDSOR, Defendant
District Judge David S. Cercone
Re: ECF No. 1 REPORT AND RECOMMENDATION
I. RECOMMENDATION
Plaintiff Asia Johnson ("Johnson") brings this pro se action for "identity theft" against "Queen Elizabeth Windsor." ECF No. 1-1. Johnson seeks leave to proceed in forma pauperis. ECF No. 1.
For the following reasons, it is respectfully recommended that the Court grant Johnson's application to proceed without prepayment of costs but that the Court dismiss her Complaint with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).
II. REPORT
A. FACTUAL AND PROCEDURAL BACKGROUND
Johnson has filed a Complaint alleging diversity and apparent federal question jurisdiction. ECF Nos. 1-1, 1-2. She contends that Queen Elizabeth, a citizen of the United Kingdom, has stolen her identity. ECF No. 1-1 at 4. To that end, Johnson alleges that as a result of a current constitutional crisis, evidently guided by the Magna Carta's "secret code," she has had her identity as Queen stolen. As relief, Johnson seeks to "be crowned Queen of Pittsburgh/Queen of America." Id. In addition, Johnson requests that the Court grant the equitable remedy of granting her Queen Elizabeth's power in America. Id.
B. STANDARD OF REVIEW
Because it appears that Johnson is incapable of paying the fees necessary to commence this action, it is recommended that she be granted leave to proceed in forma pauperis. See, Johnson v. Rothschild, 731 F. App'x 87 (3d Cir. 2018). Accordingly, her Complaint is subject to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), which requires the Court to dismiss a complaint if it frivolous or fails to state a claim. A complaint is frivolous if it "lacks an arguable basis either in law or in fact," Neitzke v. Williams, 490 U.S. 319, 325 (1989), and is legally baseless if it is "based on an indisputably meritless legal theory." Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995).
Factual allegations that are "fanciful," "fantastic," and "delusional" are considered "clearly baseless." Denton v. Hernandez, 504 U.S. 25, 31 (1992). To survive dismissal, the complaint must contain "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). "[M]ere conclusory statements[ ] do not suffice." Id. As Johnson is proceeding pro se, the Court construes her allegations liberally. Higgs v. Att'y Gen., 655 F.3d 333, 339 (3d Cir. 2011).
C. DISCUSSION
The Court has carefully reviewed Johnson's Complaint and concludes that it is factually frivolous. The allegations are fanciful and delusional and do not state a plausible claim for relief. There is no legal theory upon which Johnson may proceed and thus granting leave to amend is also futile. See Grayson v. Mayview State Hospital, 293 F.3d 103, 108 (3d Cir. 2002). Accordingly, it is recommended that the Court dismiss the Complaint with prejudice.
D. CONCLUSION
For the foregoing reasons, it is respectfully recommended that Johnson be granted leave to proceed in forma pauperis, but that the Complaint be dismissed with prejudice. Dated: September 4, 2020
BY THE COURT:
/s/_________
MAUREEN P. KELLY
United States Magistrate Judge cc: The Honorable David S. Cercone
United States District Judge
Asia Johnson
221 Smokeywood Drive
Pittsburgh, PA 15218